Newbie needs advice

[lovesgardening]

I live in Illinois. On 5/17/08 was injured at work. Ended up going thru surgery in August on knee. While off, I received w/c and they are paying medical bills. Was suppose to return to work on 9/15/08. On 9/14/08 received an email from boss stating "my job was no longer available". Still having major problems with knee, major pain, still limping, on pain meds and icing knee down daily. I told dr. I didn't think I would be able to return yet due to the pain and swelling in affected area and knowing my job is 75% standing and walking. I have never filed a w/c claim before. Been with co. 10 1/2 yrs. I was told that since I had surgery I would be getting some kind of settlement? Does anyone kno anything about this? And also, Did my employer have the legal right to basically terminate me while still under w/c? Should I seek legal counsel on this matter? Any advice would be greatly appreciated.
P.S. Was called yesterday by an employee and they've hired someone to work.

[jayne]

they only have to keep your job for 12 weeks if you filed FEMA......A visit with a lawyer on you claim might be a good thing....Badboy or Tuffy will be along in a bit to help you more they are both fromm IL and Badboy had knee problems so sit tight and read the OFF TOPICS side of our forum for the fun side of WC welcome to our home away from home

[lovesgardening]

Thank you Jayne for your response. "they only have to keep your job for 12 weeks if you filed FEMA......?" Not sure what you mean here, I did file a incident report as soon as it happened. I have not filed anything else but that doesn't mean the co. didn't.

[Still in Limbo]

I believe Jayne meant FMLA (Family Medical Leave Act) I believe the Employer has to have 50 or More Employees to have to follow these Guidelines, and it Protects Your Job for 12 Weeks. If You Work in an "At Will State", You can be Terminated for just about any Reason, except Disabilities, Gender, Race, or Age. If Your Injury won't allow You to Return You to Your Regular Work, and the Dr. Hasn't Released You after the 12 Week Period, You can be Replaced. And Yes, You should Seek Counsel on Your Case, You can Bet they have Their Legal Team on it!! Best of Luck, and Please keep Us Informed!

[cookied456]

hi, sorry to hear about your injury and losing your job too....just read that in another thread about someone else and it is so scary...can you collect unemployment? I don't know much about your "settlement" question, since I am new here too, sorry, but I have been reading that in my state, not sure about yours, you can collect unemployment and wc at the same time, if that helps for now at least? good luck

[jayne]

yep Limbo you are right right now with FEMA in the news I had a brain poot thanks for picking up the ball for me

[lovesgardening]

Thank you all for the welcome and responses. Limbo, I did hire an attorney to represent me on my w/c before my surgery. I have not talked to him of the news late. I am waiting on his return call. I did sign up for unemployment but am taking a horrendous cut in pay. ( not enough to pay bills) I received last w/c check yesterday. And knee still hurts, taking pain meds and I would like my knee to heal before I have to find work. Everyone have a great afternoon! Thanks, Judy

[RNvic]

Judy- first have you been released to return to work? Have you been told what, if any restirictions and are they in writing? If your doctor has not released you to return to work then even though you were fired you should still recieve a check. Did IC send you notice that the check you just got was the last, if not they will continue.
As for unemployment- You can't collect both in IL. Part of your unemployment questions will be are you able and available for work?
If you are still in pain and difficulty go back to your doctor and epalin what is going on and ask for restictions and if to still be off work that in writing, take copy to your lawyer and have him get benefits restarted.
Don't settle until everything that can be done is done.